Disability Payments and Child Support

In Texas, when calculating child support, the primary factors considered are the income of the parents, the number of children, and certain allowable deductions from income. The Texas Family Code typically doesn't directly factor in a parent's disability when calculating child support obligations.

Child support calculations in Texas are primarily based on the net resources of the noncustodial parent (the parent who has less time with the child) after certain deductions, such as taxes, union dues, health insurance premiums, etc. However, disability benefits themselves may not automatically alter the calculation unless they affect the parent's income.

If a parent receives disability benefits and those benefits contribute to their income, those benefits might be included as part of the parent's overall income when determining child support obligations. Disability payments from sources like Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) might be counted as income for child support purposes.

However, if a disability significantly affects a parent's ability to work and earn income, that parent might seek a deviation from the standard child support guidelines based on their reduced earning capacity. This would require providing evidence and documentation of the disability's impact on their ability to generate income.

Ultimately, the specific circumstances of each case will be considered when determining how a disability might impact child support calculations. It's advisable to consult with a family law attorney in Texas who can assess your situation and provide guidance on how your disability may or may not affect child support obligations.